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The Commerce Clause has been interpreted
as allowing Congress to regulate considerable activities that substantially affect interstate commerce, and there is quite a good argument that Congress's power includes the perogative to require people to maintain insurance so they don't end up screwing up the economy by getting treatment as charity.

Whether the Courts end up taking the matter up now, or in 2014 is a good question, but I have little doubt that they will take it up eventually.

And if they find against the health insurance mandate, it is another interesting question as to how much of the new health care law is severable for constitutional purposes.

But as interesting as these questions are, one thing is quite clear: what Scotus wills, will be, and there is precious little we poor shlubs can do about it (other than pray that Cooch is blessed with the opportunity he craves to present the oral argument on behalf of the malcontented states).

Republicans will not get the political charge they hope to garner from these judicial challenges and their vain cries of "repeal!"  

[ Parent | ]
Questions Have Been Settled
These questions have already been adjudicated before both a conservative SCOTUS and a liberal one.

Social Security was attacked in the courts on the basis of its constitutionality. The conservative court that FDR hated enough to want to pack ruled in favor of the government under the ability of the government to "promote the general welfare."

The Voting Rights Act was fought by using the 10th Amendment. The Warren Court ruled it was legal.

I don't think the ideas are even interesting. They are old, stale, and hopefully will fail again.

I have written a diary about the history of those cases. I'll post it later today.

[ Parent | ]
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